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Florida Statute 831.31 | Lawyer Caselaw & Research
F.S. 831.31 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 831.31

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 831
FORGERY AND COUNTERFEITING
View Entire Chapter
F.S. 831.31
831.31 Counterfeit controlled substance; sale, manufacture, delivery, or possession with intent to sell, manufacture, or deliver.
(1) It is unlawful for any person to sell, manufacture, or deliver, or to possess with intent to sell, manufacture, or deliver, a counterfeit controlled substance. Any person who violates this subsection with respect to:
(a) A controlled substance named or described in s. 893.03(1), (2), (3), or (4) is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(b) A controlled substance named or described in s. 893.03(5) is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(2) For purposes of this section, “counterfeit controlled substance” means:
(a) A controlled substance named or described in s. 893.03 which, or the container or labeling of which, without authorization bears the trademark, trade name, or other identifying mark, imprint, or number, or any likeness thereof, of a manufacturer other than the person who in fact manufactured the controlled substance; or
(b) Any substance which is falsely identified as a controlled substance named or described in s. 893.03.
History.s. 2, ch. 81-53; s. 4, ch. 89-281; s. 2, ch. 92-19; s. 102, ch. 97-264; s. 104, ch. 99-3; s. 8, ch. 99-186; s. 18, ch. 2000-320; s. 8, ch. 2002-78; s. 27, ch. 2016-105; s. 4, ch. 2019-166.

F.S. 831.31 on Google Scholar

F.S. 831.31 on Casetext

Amendments to 831.31


Arrestable Offenses / Crimes under Fla. Stat. 831.31
Level: Degree
Misdemeanor/Felony: First/Second/Third

S831.31 1a - DANGEROUS DRUGS - SELL MFG DEL CONTFT POSS WIT SCHED I II III IV - F: T
S831.31 1b - DANGEROUS DRUGS - SELL MFG DELIVER POSSESS WIT CONTRFT SCHED V - M: S



Annotations, Discussions, Cases:

Cases from cite.case.law:

GREENWADE, v. STATE, 124 So. 3d 215 (Fla. 2013)

. . . See § 831.31, Fla. Stat. (2009); § 817.563, Fla. Stat. (2009). . . . While section 831.31(1) provides: It is unlawful for any person to sell, manufacture, or deliver, or . . . to possess with intent to sell, manufacture, or deliver, a counterfeit controlled substance.[] § 831.31 . . . See § 831.31, Fla. Stat.; § 817.563, Fla. Stat. . . . A "counterfeit controlled substance” is defined by section 831.31(2)(a), Florida Statutes (2009), as: . . .

STATE v. EUGUI,, 60 So. 3d 1185 (Fla. Dist. Ct. App. 2011)

. . . See § 831.31, Fla. Stat. (2009). . . .

BEDFORD, v. STATE, 970 So. 2d 935 (Fla. Dist. Ct. App. 2008)

. . . purported lesser included offense of delivery of a counterfeit controlled substance, a violation of section 831.31 . . .

J. L. F. a v. STATE, 887 So. 2d 432 (Fla. Dist. Ct. App. 2004)

. . . delinquent for possession of a counterfeit controlled substance with intent to sell in violation of section 831.31 . . . a counterfeit controlled substance with intent to sell or deliver may not be obtained under section 831.31 . . . prove the crime of possession of a counterfeit controlled substance with intent to sell under section 831.31 . . . Specifically, section 831.31 makes it a crime to “possess with intent to sell ... a counterfeit controlled . . . substance.” § 831.31(1), Fla. . . .

D. DAMEN, v. STATE, 793 So. 2d 106 (Fla. Dist. Ct. App. 2001)

. . . In section 831.31, Florida Statutes (1999), which prohibits the possession with intent to sell a counterfeit . . .

UNITED STATES v. FRAZIER, UNITED STATES v. HUTCHINSON, a k a a k a D., 89 F.3d 1501 (11th Cir. 1996)

. . . . § 831.31(2) (West 1989), define “counterfeit substance” as a controlled substance that is mislabeled . . . FORGERY AND COUNTERFEITING 831.31. . . . Fla.Stat.Ann. § 831.31(1), (2) (West 1989) (emphasis added). . . . State, 442 So.2d 286, 287 (Fla.Dist.Ct.App.1983) (reversing defendant’s conviction under § 831.31 when . . . Fl.Stat.Ann. § 831.31(2) (West 1994). . . .

DURR, v. STATE, 583 So. 2d 424 (Fla. Dist. Ct. App. 1991)

. . . of possessing with intent to sell or deliver a counterfeit controlled substance, contrary to section 831.31 . . . Durr was charged under section 831.31, which makes it unlawful to possess with intent to sell or deliver . . . The latter term is defined in section 831.31(2)(b) as “[a]ny substance which is falsely identified by . . . He moved to dismiss the subsequent charge under 831.31, and the trial court denied the motion. . . .

WARNER, v. STATE, 581 So. 2d 232 (Fla. Dist. Ct. App. 1991)

. . . an appeal from a judgment and sentence entered pursuant to a conviction for a violation of section 831.31 . . . While the state argues that possession of fake cocaine is controlled by section 831.31, that section . . .

ADDERLY, v. STATE, 571 So. 2d 557 (Fla. Dist. Ct. App. 1990)

. . . The appellant contends that section 831.31, Florida Statutes (1989), under which he was charged, does . . . Section 831.31 states: (2) For purposes of this section, “counterfeit controlled substance” means: (a . . . We find that the trial court’s application of section 831.31, Florida Statutes, exceeded the intended . . .

CRIMINAL JUSTICE STANDARDS AND TRAINING COMMISSION v. GORMAN, 18 Fla. Supp. 2d 261 (Fla. Div. Admin. Hearings 1986)

. . . (2)(c), 812.016, 812.081, 817.035, 817.235, 817.39, 817.49, 817.563, 827.04(2)(3), 827.05, 828.122, 831.31 . . .

VANHOOSEN, v. STATE, 469 So. 2d 230 (Fla. Dist. Ct. App. 1985)

. . . of possession of a counterfeit controlled substance with intent to deliver, in violation of section 831.31 . . . knowingly possessing a counterfeit controlled substance with the intent to deliver in violation of section 831.31 . . . He relates that section 831.31(2)(b), the only portion of the statute under which he could be prosecuted . . .

STATE v. BUSSEY, STATE v. GAINES, STATE v. DOTSON,, 463 So. 2d 1141 (Fla. 1985)

. . . Section 831.31, Florida Statutes (1981), prohibits the sale, manufacture, or delivery of "counterfeit . . . Both section 817.563 and section 831.31 were enacted as parts of chapter 81-53, Laws of Florida. . . .

STATE v. W. HAYES,, 446 So. 2d 1185 (Fla. Dist. Ct. App. 1984)

. . . We believe the trial court erred in ruling that the provisions of section 831.31, Florida Statutes (1981 . . . Section 831.31, as noted in its title, is directed to the problem of the distribution of counterfeit . . . Section 831.31 is also unlike section 893.-13(2)(a)7, Florida Statutes (1981), which prohibits one from . . . In conclusion, we uphold the facial constitutionality of section 831.31 and reverse and remand this cause . . . ANSTEAD, C.J., and BERANEK and HURLEY, JJ., concur. . 831.31 Counterfeit controlled substance; sale, . . .

STATE v. BUSSEY,, 444 So. 2d 63 (Fla. Dist. Ct. App. 1984)

. . . See Section 831.31, Florida Statutes (1981), which makes it unlawful for any person to sell any counterfeit . . .

TWINN, v. STATE, 442 So. 2d 286 (Fla. Dist. Ct. App. 1983)

. . . was charged with violating the counterfeit controlled substance provision of the Florida Statutes, § 831.31 . . . Twinn argues, and we agree, that it was inappropriate to charge him under section 831.31 rather than . . .